Agenda 11/18/2014 Item # 16A1411 /18/2014 16.A.14.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$20,612.47, for payment of $562.47, in the code enforcement action entitled Board of County
Commissioners v. John M. Ferner, Code Enforcement Special Magistrate Case No.
CEPM20110012778, relating to property located 789 107th Avenue N., Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
code enforcement lien with an accrued value of $20,612.47, for payment of $562.47, in relation
to Code Enforcement Special Magistrate Case No. CEPM20110012778.
CONSIDERATIONS: As a result of a code violation at 789 107th Avenue N., consisting of
broken garage door windows and degraded soffit, the Code Enforcement Special Magistrate
ordered the imposition of a lien against John M. Ferrier in Case No. CEPM20110012778. The
lien was recorded in the Official Public Records on July 20, 2012, at O.R. Book 4818, Page
3949, and it encumbers all real and personal property owned by John M. Ferrer. The accrued
lien amount of $20,612.47 is based on 82 days of accrued fines (May 26, 2012 through August
15, 2012) at $250 per day, plus $112.47 in operational costs.
Following a foreclosure (Case No. 201 l -CA- 4052), a Certificate of Title was recorded on
October 8, 2013 in favor of Nationstar Mortgage, LLC. The property was brought into
compliance on August 15, 2012. The property was then sold to Rebecca J. Maddox on January
16, 2014. The County's lien for this property was filed after the foreclosure lis pendens, and is
not presently enforceable as to the property in question.
Pursuant to Resolution No. 2012 -46, a request for waiver of fines may be considered when a
code enforcement lien encumbers property that is under new ownership, the new owner has
diligently pursued abatement, and compliance has been achieved within 30 days. The property is
being actively maintained and the new owner has paid $562.47. Ms. Maddox is requesting a
waiver of $20,050 in accrued fines.
FISCAL IMPACT: Payment of $562.47 in accrued fines has been made, representing $450 in
fines and $112.47 in operational costs. If approved by the Board, accrued fines in the amount of
$20,050 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and
approved it as to form and legality. Majority support is required for approval. This item
conforms to the Board's policy contained in Resolution 2012 -46. - KN
RECOMMENDATION: That the Board of County Commissioners waive the fines in the
amount of $20,050, accept payment in the amount of $562.47, release the lien, and authorize the
14 -C ED- 00947/ 1122894/ 1
Packet Page -1067-
11/18/2014 16.A.14.
Chairman to sign the attached release and satisfaction of lien for recording in the Official Public
Records.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division
Attachments: l ) Release and Satisfaction of Lien
2) Lien Order
14 -CED- 00947/1122 894/1
Packet Page -1068-
11 /18/2014 16.A.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.14.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $20,612.47, for payment of $562.47, in the code enforcement action
entitled Board of County Commissioners v. John M. Ferner, Code Enforcement Special
Magistrate Case No. CEPM20110012778, relating to property located 789 107th Avenue N.,
Collier County, Florida.
Meeting Date: 11/18/2014
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
10/9/2014 10:08:27 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 10/14/2014 4:50:26 PM
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
Date: 10/15/2014 8:35:58 AM
Name: 'Noel lKevin
Title: Assistant County Attorney, CAO General Services
Date: 10/15/2014 11:43:06 AM
Name: Marcel I a.Teanne
Title: Executive Secretary, Transportation Planning
Date: 11/3/2014 11:24:23 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/3/2014 2:24:28 PM
Name: IsacksonMark
Packet Page -1069-
11 /18/2014 16.A.14.
Title: Director -Corp Financial and Mngint Svs, Office of Management & Budget
Date: 11/4/2014 9:20:36 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 11 /4/2014 12:57:52 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 11/6/2014 3:38:19 PM
Packet Page -1070-
11 /18/2014 16.A.14.
This Instrument Prepared By:
Jeff Wright
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252 -2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and
personal property owned by:
John M. Ferner
Respondent
The lien was recorded on July 20, 2012, in Official Records Book 4818, Page 3949, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of ten
thousand six hundred twelve dollars and forty -seven cents ($10,612.47), plus accrued interest
and penalties, if any, and imposes certain obligations against real property situated in Collier
County, Florida.
Collier County, a political subdivision of the State of Florida, by execution of this Release and
Satisfaction of Lien, acknowledges payment as approved by the Board of County
Commissioners as satisfaction of the lien and hereby cancels and releases said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk Tom Henning, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
Packet Page -1071-
INSTR 4720115 OR 4818 PG 3949 RECORDED 712012012 3:57 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC b18.50
COLLIER COUNTY CODE. ENFORCEMENT
SPECIAL NIAGISTRATE
Case No. - CEPN120110012778
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
\'S.
JOHN M. FERNER,
Respondent.
1v
I
THIS CAUSE came hefc��`e iihe'�'
Motion for Imposition of Finch jgtiss on R:
respective to all appropriate `triauers meter
Magistrate, as follows:
F
11 /18/2014 16.A.14.
/LIENS \
�ofr Oliclhearing upon the Petitioner's
thpdcial Lagistrate, having heard argument
s Fm?ii i�st� Fact and Order of the Special
r
ACT
1. On May 18, 2012, Respondent-4 s Sn}tn *�} �f iii>iation of Collier County Code of Laws and
Ordinances, Chapter 22 Buildings and$u' tieulations, Article VI Property Maintenance
Code, Section 22 -228 and Section 22- 231(12)(i) and Section 22- 231(12)(c) for windows broken
in gamge door and soffit that is falling down, which violation occurred on the property located at
789 107" Avenue N, Nanles, FL Folio 1-62423160002 (Legal Description: NAPLES PARK UNIT
1 BLK 13 LOT 3 OR 1727 PG 2052).
2. An Order was entered by the Spccial lagistrate ordering Respondent to abate the violation on or
before May 25, 2012, or a ine of S250.00 per day would be assessed for each day the violations
continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4804,
PG 2720).
3. Operational costs of SI 12.47 incurred by the County in the prosecution of this case were ordered
to be paid.
4. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did
not appear at the public hearing, and no legal defense to the Motion was presented.
5, No Request for Re- hearing or Appeal pursuant to Ordinance 2010 -04 has been timely filed.
6. The violation has not been abated as of the date ofthe hearing_
Packet Page -1072-
* ** OR 4818 PG 3950 * **
ORDER
11/18/2014 16.A.14.
Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162,
Florida Statutes, and Collier County Ordinance No. 2010 -04, it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines.!Liens is granted.
B. Daily fines of S250.00 per day are assessed against Respondent for 42 days for the period from
May 26, 2012 to July 6, 2012, for a total amount of fines of S 10,500.00.
C. Respondent shall pay the previously assessed operational costs of Sl 12.47.
D. Respondent is ordered to pay fines and costs in the total amount of 510.612,4-7 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
E. The daily fine of 5250.00 shall wtltgnb -t t Iec� en eetC�rttt� -at atement has been confirmed by a Collier
County Code Enforcement Inesigiliar ^�'�//11` f
DONE AND OP.DERED this' iS? r of 20H;-'at Collier County, Florida.
-= t o _R C0L- NTYCODE ENFORCEMENT
SPECKS 1IAGI$TRATE
V,
r�;� f
PA1'MFNT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Department, 2500 North Horseshoe Drive, 'Naples, FL 34104, fax
(239) 252 -2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of
the oblivations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special i,fagistrate to the Circuit Court
within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
slams Ot f v;Ktut+
;ounty of CGi;Ci
cc: Respondent -John M. Ferrier
Collier Co. Code Enforcement Dept. t H1Ei4E$Y,1t tA�T then g trr;e asd
9r ' �a�tsocuTi�m on file to
ca unutes andAeco of CcStiet Ctyot t
wli SS tfL h t►a t�r►C efflcial seal"
�WIGH{T.'f .CLERK � COURTS
'�
Packet Page - 1073 -